Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

NYC Pet Leave

Paid Pet Leave for NYC Employees?

On October 23, 2024, a new pet leave bill was introduced before the New York City Council. The bill proposes to amend NYC’s Earned Safe and Sick Time Act (ESSTA) to allow employees to use paid sick time for the care of pets. Below is a summary of the proposal and insights on what employers should consider as this legislation progresses.

Key Provisions of the Pet Leave Bill

The proposed law, introduced by Council Members Shaun Abreu and Tiffany Cabán, expands the existing NYC sick leave to include absences related to the care of “covered animals.” Here are the essential elements:

  1. “Covered Animals” includes any animal primarily kept for companionship in compliance with local laws and service animals. This ensures a broad application, covering both household pets and certified service animals.
  2. Types of Permitted Leave: Under the new law, employees could use sick leave for:
    • Medical diagnosis, care, or treatment of an animal’s physical illness, injury, or health condition.
    • Preventive medical care for the pet.
  3. Existing Sick Leave Entitlement Remains Unchanged: The law does not increase the amount of sick leave available to employees. Instead, it adds pet care to the list of permitted uses for existing sick leave hours.
  4. Effective Date: Should the bill pass, it will take effect 120 days post-enactment, giving employers some time to adjust policies accordingly.

Implications for Employers

Policy Adjustments: Employers may need to revise their sick leave policies to explicitly include pet care as a covered absence.

Employee Documentation and Requests: As with other types of sick leave, it may be necessary to establish guidelines for requesting pet leave to prevent misuse. Unfortunately, employers don’t currently have much latitude in questioning sick leave requests.

Potential Operational Impacts: New York City has a high rate of pet ownership. Thus, the potential increase in short-term absences is worth consideration, especially for roles that require continuous coverage.

Supporting Employee Well-being: This initiative reflects a growing focus on mental health and well-being in the workplace. For employees, being able to care for their pets without the fear of losing pay or facing disciplinary action could enhance morale and reduce anxiety, particularly for those who rely on their pets for companionship. Employers should look for ways to benefit from the law. Some employers already allow pet care leave voluntarily.

Potential Pet Leave Implications Beyond New York City

The proposed pet leave bill specifically amends New York City’s ESSTA. IT would not directly apply to employees outside the City. However, New York State also has a statewide paid sick leave law modeled after NYC’s ESSTA. So, this proposal could prompt consideration of similar measures at the state level. If the pet leave bill gains support and proves effective in NYC, it may set a precedent that encourages the New York State Legislature to consider a statewide extension.

Employers across the state (and country?) should monitor this proposal as its implementation in NYC might foreshadow future legislative developments. In particular, those with locations in both New York City and elsewhere should evaluate how this potential change aligns with their broader leave policies.

Next Steps for Employers

The pet leave bill is still under consideration. However, employers should proactively evaluate their current leave policies and consider how they might integrate this potential change. By staying informed and prepared, businesses can ensure they remain compliant while demonstrating that they support their employees’ diverse needs.

As this bill advances through the New York City Council, stay updated and consult legal professionals if you need further guidance. This proposed change could set a precedent for future legislation that might even expand to other aspects of employee pet ownership.

Stay tuned for updates on the passage of this law and potential best practices for implementation!

 

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Employee Leave in New York Cover Slide.pdf

Employee Leave in New York (Webinar Recap)

On October 17, 2024, I presented a complimentary webinar entitled “Employee Leave in New York”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • FMLA and Paid Family Leave
  • Workers’ Compensation & Disability
  • Leave as a Reasonable Accommodation
  • Leave Management Best Practices

and much more!

New York employers have numerous laws to follow regarding employee leave. From the federal FMLA and ADA to the state’s paid sick leave and paid family leave laws, the list is long and complicated. We break down the key elements of these leave statutes and what employers should be paying the most attention to for compliance purposes.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Employee Leave in New York”

Do you know how FMLA and PFL interact? Ever needed to fire someone who was out on medical leave?

Anyone with responsibilities for managing employee leave in New York should watch this webinar. The complexities of managing leave have only increased with recent changes to laws like New York’s Paid Family Leave, updated sick/safe leave requirements, and prenatal leave. Plus, everyone can use a refresher on the complex FMLA. Understanding how to navigate these overlapping rules is critical to ensuring compliance and avoiding costly legal pitfalls.

Whether you’re new to these issues or looking for an update on the latest changes, this session will provide clear, practical guidance to help you manage leave policies effectively. So, don’t miss this opportunity to ensure your organization stays compliant with New York’s ever-evolving employee leave laws.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Management Law email newsletter to be among the first to know when registration is open for upcoming programs! Plus, follow us on LinkedIn for updates on important employment law issues.

New York Retail Worker

New York Retail Worker Safety Act Enacted

On September 5, 2024, Governor Kathy Hochul signed the New York Retail Worker Safety Act into law. The law introduces comprehensive measures aimed at reducing workplace violence in retail settings. Depending on the size of their workforce, employers in the retail industry will need to implement specific measures to comply with the new law.

Covered Employers

The New York Retail Worker Safety Act applies to any non-governmental employer with at least 10 retail employees.

A retail employee is someone who works in a store that sells consumer commodities at retail. Stores that are primarily engaged in the sale of food for consumption on the premises do not qualify.

Key Requirements of the New York Retail Worker Safety Act

The new law includes policy and training requirements for all covered retail employers in New York. Large employers must also implement silent response buttons.

Workplace Violence Prevention Policy

All covered employers must establish a comprehensive workplace violence prevention policy that identifies potential risks and outlines strategies to mitigate them. Employees must receive a copy of the policy at the time of hire and at every required workplace violence prevention training. The New York State Department of Labor (NYS DOL) will create a model workplace violence prevention policy to guide employers. Employers should use the templates as models for compliance.

Written Notice Requirement

Employers must provide their employees with written notice of the workplace violence prevention policy both when they are hired and during each training session.

Training Requirements

The law introduces mandatory training for all retail employees, with specific training timelines depending on the size of the employer.

    • Employers with 50 or More Retail Employees must provide workplace violence prevention training to all employees upon hire and then annually.
    • Employers with 10-49 Retail Employees must also provide workplace violence prevention training. But it only needs to be conducted upon hire and once every two years, instead of annually.

This training must be interactive and address a variety of safety topics critical to retail environments. It must include the following elements:

  1. Information on the requirements of the New York Retail Worker Safety Act.
  2. Examples of how employees can protect themselves in the event of workplace violence from customers or coworkers.
  3. De-escalation techniques to manage and reduce potentially violent situations.
  4. Active shooter drills to prepare for extreme scenarios.
  5. Emergency procedures that are specific to the retail environment.
  6. Instruction on the use of security alarms, silent response buttons, and other emergency devices.
  7. Training on supervisors’ additional responsibilities, including overseeing workplace-specific emergency procedures.
  8. Education on areas where there have been previous security incidents.

The NYS DOL is tasked with developing a model training program that employers can reference or adopt. This should help streamline compliance for employers by providing them with a ready-made framework for training their workforce. However, employers may create their own training program as long as it meets DOL standards.

The policy, training, and notice requirements take effect June 2, 2025.

Silent Response Button Requirement

Beginning January 1, 2027, employers with 500 or more retail employees statewide must provide a silent response button (or panic button) to all retail employees. These buttons allow employees to discreetly alert local authorities in the event of an emergency, such as violent incidents involving customers or coworkers.

Key Changes from the Original New York Worker Safety Bill

Upon her signing, Governor Hochul and the Legislature reached an agreement to modify the following aspects of the Act. These changes are expected to be included in a forthcoming amendment that should be in place before the law otherwise takes effect.

  • In-Store Emergency Notification Mechanism (Silent Response Button)
    The original bill required employers with 500 or more employees nationwide to provide panic buttons. The final version of the law now applies this requirement only to employers with 500 or more employees in New York State.
  • Training Frequency for Smaller Employers
    In the original bill, all employers had to provide annual training. This timing will change, allowing employers with 10-49 retail employees to provide training every two years, instead of annually. This modification somewhat reduces the administrative burden for smaller businesses.

Looking Ahead

With the New York Retail Worker Safety Act now law, retail employers should begin reviewing their existing safety protocols and prepare for the upcoming deadlines. Employers with 10 or more retail employees should be ready to adopt workplace violence prevention policies and training programs by June 2, 2025. Those with 500 or more employees should also begin planning for the installation of silent response buttons before the January 1, 2027 deadline.

However, employers will likely need to wait until the NYS DOL issues the model templates for both workplace violence prevention policies and the training programs. Those templates will likely further establish the required (or at least recommended) elements of compliance with the law.

 

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